Wakilii

Abdu Kikomeko v Aisa Nalweyiso & Anor (Misc. Appl. No. 1274 of 1999)

High Court · [2000] UGHC 7 · 2000 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Ex parte originating summons seeking vesting order under Registration of Titles Act
Decision
Application struck out for failure to comply with mandatory procedural requirement

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

An originating summons brought under Order 34 rule 7 of the Civil Procedure Rules must be accompanied by an affidavit setting forth the facts upon which the right to relief is founded. Where the applicant attached an 'affirmation' instead of an affidavit, the application is incurably defective and must be struck out.

Outcome

Application struck out for failure to comply with mandatory procedural requirement

Facts

The plaintiff brought an ex parte application under Order 34 rules 3 and 7 of the Civil Procedure Rules seeking transfer of land which he claimed to have purchased in 1973 from Muhamad Kasakya Sekimwanyi (deceased), the then beneficial owner of part of the estate of Abudalah Ssekimwanyi. The land in question was Kyaddondo Block 213 Plot 497 (formerly part of Plot 154) at Bukoto. The plaintiff claimed he had paid the full purchase price and had been in effective occupation since 1973. The defendants were successors to Muhamad Kasakya's estate. The plaintiff sought a vesting order under section 175 of the Registration of Titles Act.

Issues

  1. Whether an originating summons under Order 34 rule 7 of the Civil Procedure Rules can proceed without being accompanied by an affidavit as required by law.

Orders

  • Application struck out.

Rules and key headnotes

Civil Procedure — Originating Summons — Mandatory Requirements — Affidavit
An originating summons brought under Order 34 rule 7 of the Civil Procedure Rules must be accompanied by an affidavit setting forth concisely the facts upon which the right to the relief sought is founded. This requirement is mandatory and non-compliance renders the application incurably defective.
Civil Procedure — Affidavit — Distinction from Affirmation
An 'affirmation' is not a substitute for an affidavit where the law specifically requires an affidavit. An application accompanied by an affirmation when an affidavit is required is defective and liable to be struck out.

Legislation cited (3)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Abdu Kikomeko v Aisa Nalweyiso & Anor (Misc. Appl. No. 1274 of 1999) [2000] UGHC 7 (7 March 2000)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.